[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR79.23]

[Page 342]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 79--CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT--Table of Contents
 
Subpart C--Eligibility Criteria for Claims Relating to Certain Specified 
                      Diseases in an Affected Area
 
Sec. 79.23  Proof of physical presence for the requisite period.

    (a) Proof of physical presence for the requisite period may be made 
in accordance with the provisions of Sec. 79.13 (a) and (b). An 
individual who resided or was employed on a full-time basis within the 
affected area is presumed to have been physically present during the 
time period of residence or full-time employment.
    (b) For purposes of establishing eligibility under Sec. 79.22(a)(1), 
the Program will presume that proof of residence at one or more 
addresses or proof of full-time employment at one location within the 
affected area on any two dates less than three years apart, during the 
period beginning on January 21, 1951, and ending on October 31, 1958, 
establishes the claimant's presence within the affected area for the 
period between the two dates reflected in the documentation submitted as 
proof of presence.
    (c) For purposes of establishing eligibility under Sec. 79.22(a)(1), 
the Program will presume that proof of residence at one or more 
addresses or proof of full-time employment at one location within the 
affected area on two dates, one of which is before January 21, 1951, and 
another of which is within the specified time period, establishes the 
claimant's presence in the affected area between January 21, 1951, and 
the date within the specified time period, provided the dates are not 
more than three years apart.
    (d) For purposes of establishing eligibility under Sec. 79.22(a)(1), 
the Program will presume that proof of residence at one or more 
addresses or proof of full-time employment at one location within the 
affected area on two dates, one of which is after October 31, 1958, and 
another of which is within the specified time period, establishes the 
claimant's presence in the affected area between the date within the 
specified time period and October 31, 1958, provided the dates are not 
more than three years apart.
    (e) For purposes of establishing eligibility under Sec. 79.22(a)(2), 
the Program will apply the presumptions contained in Sec. 79.13(g) and 
(h).